In that conversation Bernard let you know he had done some work? Yes.

And you didn't want to talk on the phone? Yes.

2 days later you had another phone conversation where you suggested meeting at Tom's on February 8th 2008? Yes.

At the time there was no deal between you on what he would be paid? Yes.

After that conversation, Mr. Kilpatrick continued to do work on those claims? Yes.

He met with Amru Meah. Mr. Kilpatrick asked you to provide him with additional info he could share with the city to substantiate your claims? Yes.

He asked you for invoices on electrical contracts? Yes.

A few days before your March 1st meeting with Bernard, you called him to suggest it at the breakfast spot? Yes.

Shea collecting transcripts to pass to the jury. Bernard asks him if he can "get that thing". Bernard tells him has had a meeting with Amru (director of Building & Safety engineering) that afternoon and wants the "electrical thing spelled out." Asks Kado to drop it off with his brother. Kado says not today I have to prepare it. "It's like 30 pages." Bernard says ok I'll let him know the number and that I'll have the stuff Friday.

Shea says it's not in this conversation but within a day or 2 of that had the breakfast meeting that was played in court.

10:29AM Judge says this might be a good moment to take a break.

10:45AM Still on break. Most of the defense is still down on the first floor outside the snack shop except form John Shea who is pacing the courtroom, probably trying not to lose any momentum.

Seems that the jury is not as engaged as they were yesterday. They are following closely but not doing quite as much note taking as they did yesterday. Honestly, I don't know how they can keep up with all the recordings and transcripts.

Bernard Kilpatrick, in a mustard sports coat, dark vest and pants, is conferring with his lawyer Shea. Bobby Ferguson in a summery beige suit and tie takes his seat back at the table.

Last of the defendants back from break is Kwame Kilpatrick who quietly takes a seat at his corner as he observes his lawyer Jim 10:45AM Still on break. Most of the defense is still down on the first floor outside the snack shop except form John Shea who is pacing the courtroom, probably trying not to lose any momentum.
Seems that the jury is not as engaged as they were yesterday. They are following closely but not doing quite as much note taking as they did yesterday. Honestly, I don't know how they can keep up with all the recordings and transcripts.
Bernard Kilpatrick, in a mustard sports coat, dark vest and pants, is conferring with his lawyer Shea. Bobby Ferguson in a summery beige suit and tie takes his seat back at the table.
Last of the defendants back from break is Kwame Kilpatrick who quietly takes a seat at his corner as he observes his lawyer Jim Thomas talk to US Attorney Michael Bullotta.
10:52AM Judge Edmunds calls court back into session.
Shea steps back to the podium and gets ready to take up his cross-examination.
Shea says we established that Bernard started work before first recorded conversation at Tom's Oyster Bar on February 8th 2008? Yes.
And he continued doing work after that? Yes.
The financial terms didn't get set until first meeting of February 8th 2008? Yes.
Kado looking at transcript of February 8th 2008 meeting at Tom's Oyster Bar. Shea refers him to page 9. Kado asks Bernard how much he wants. Bernard says how much is fair. They agree on 10%- Kado's offer.
Bernard doesn't demand 10%, you offer it? Yes says Kado.
Now page 12 of the transcript of Tom's Oyster Bar conversation on the overhead.
Talking about how much to give to Archie. Bernard says "he (Archie) wanna be the guy the go between." Kado says he won't pay anything before he gets the money. Bernard says he wouldn't expect it.
Times on the transcript are not well indicated.
Shea says you set the terms of what you were going to pay and when you were going to pay it and he tells you he wants to be paid by check? Yes.
March 1st breakfast meeting comes along and you renege on the deal and you tell him to stop work and leave it alone? Yes.
Shea confers with the government on the transcript. March 1st meeting. Bernard says "so now you tell me you don't want to pay me." Kado says "But I didn't get anything." Kado finishes by saying he doesn't want to get paid it doesn't matter. This was all played yesterday. His portion was not. Discusses how the bill was with the mayor. Bernard says you're not gonna pay me and Kado says "because I cannot." Bernard says you're choosing not to do it. The two men part ways outside the restaurant.
Shea says you clearly said you weren't going to pay Bernard and to stop working? Yes.
To the best of your knowledge he starts working? Yes.
And a few weeks you call him back and ask him to start working again? You have the transcript asks Kado?
This is the recording from that later conversation on March 19th 2008. "Everything doesn't work without your help" says Kado to Bernard. "I thought you told me to leave it alone!" says Bernard. Kado tells him he talked to Amru. Kado says he has to pay his taxes $770,000 in 10 days. "Whatever you have to do" says Kado.
11:16AM Shea says Bernard assisted in getting an Amru Meah meeting? Yes.
March 26th 2008 recording. "BK!" says Kado. Bernard says he's doing his exercise. Kado asks Bernard to make his meeting with amru faster because he has to pay his taxes. Bernard says he will move it up and set it up that afternoon.
You're still cooperating with government at this point? Yes.
You haven't told Bernard and that's why these conversations are recorded? Yes. Some of them were recorded without my knowledge says Kado.
You were really owed the money, weren't you? Yes says Kado.
You weren't trying to defraud the city; you really felt you were owed it? Yes.
Turns out after all this Bernard was not able to convince the city to pay you? I don't know.
You used Bernard to give you assistance for some months? Yes.
So obviously he didn't have the juice you thought he had? Yes.
And he didn't get paid either? Yes.
And he was doing this against the wishes of other people in the administration? Yes.
You felt that Derrick Miller was keeping from getting paid because he thought you were cooperating with the government? Yes.
So instead of being in collusion with the people in the administration, he (Bernard) is trying to help you? Yes.
In early 2008 you were still on the food service contract? Yes.
And you were in partnership with Arrowmark? Yes.
They are a big company but they need to partner with someone local and that is what you were doing through Ogden? Yes.
Ogden sold its share to Arrowmark? Yes.
That contract was going to expire in April 2008? No it was going to expire in 2009 says Kado.
Do you remember meeting with Agent Beeckman in 2007 that Tuskie was going to bid contract in April 2008?
You had been talking to 2 others, Archie Clark and Henry, about renewal of the contract? Yes.
This wasn't something that Bernard dreamed up at those meetings? Yes.
You didn't want Archie Clark’s name being explicit on the contract because he already had electrical contract? You were concerned it looked bad? Yes.
The 2 of you looking in a way to have Archie and Henry on it without being in anyone's face? Yes.
11:30AM You called Bernard off on March 1st and then called him back on March 19th 2008? Yes says Kado.
At the end of the day you didn't get food contract extension, Archie Clark didn't get it, Henry Hassan didn't get it, and none of you did? No.
You said Mr. Kilpatrick rented an office from you in 2003? Yes.
In fact he didn't rent office from you in September 2004? Yes.
So why did you say 2003 yesterday? I don't know says Kado.
Do you still have the IRS interview from March 28th 2007? Yes.
Please read to yourself paragraph 13 and let me know when you're done says Shea to Kado.
Thomas talks to US Attorney Michael Bullotta.

12:06PM Jim Thomas steps up and says have you met me before? Kado laughs. 

Are you working here today asks Thomas. Kado says "I'm working for the truth."

Judge Edmunds tells Thomas to move on.

Thomas says you knew you were in trouble with IRS taxes and decided to cooperate with them after consulting with lawyer? Yes.

You have had many lawyers? Yes. 

Including 2 former US Attorneys? Yes. 

You thought you'd invest in lawyers to get out of your problems including non-payment of taxes over 3 years? Yes. 

The meetings with your lawyers were also sometimes with Bullotta and Chutkow? Yes. 

And they told you what they were interested in? Yes. 

And they were interested in Kwame Kilpatrick? Not necessarily.